DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 5 and 11 are objected to because of the following informalities: The claims each recite “composition is used for a black resist”. The claims are drawn to a product, not a method, and should not recite “used for”, and instead should recite “is capable of use as” or language to that effect which does not claim a use. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (JP2008-239951 and its machine translation) in view of Oya (WO 2020/203080 and its US equivalent 2022/0018992 as a translation).
Takahashi et al disclose a composition comprising a black pigment, an organic solvent, a surfactant as a dispersant, a multifunctional acrylate polymerizable compound, an initiator, and additional optional additives.
The pigment maybe a known black pigment, such as carbon black. The reference black pigment is not limited, but fails to specifically disclose zirconium nitride.
Oya disclose a composition for a light shielding film or black matrix ([0003]), wherein the composition comprises a black colorant, preferably a nitride selected from Ti, V, Zr, Nb ([0034]), but may also be carbon black, thus teaching that both are known and suitable as a black pigment in polymer compositions.
Given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Takahasi et al, choosing as the black pigment, zirconium nitride as taught to be known and beneficial by Oya.
The initiator comprises one of an oxime, acetophenone, benzophenone, and benzoin methyl ether. Each listed as preferred UV curing agents by the instant specification, and the specification teaches that the curable compound is an (meth)acrylic multifunctional compound, such as the polymerizable compound taught by Takahashi et al including trimethylolpropane triacrylate, trimethylolpropane trimethacrylate, trimethylolpropane EO adduct triacrylate,
Trimethylolpropane PO adduct triacrylate, glycerin EO adduct triacrylate, glycerin EO modified triacrylate, glycerin PO adduct triacrylate, pentaerythritol triacrylate, dipentaerythritol hexaacrylate, hydrogen phthalate- (2,2 , 2-triacroyloxymethyl) ethyl, dipentaerystol polyacrylate, trimethylolpropane diallyl ether, pentaerythritol triallyl ether, glycerin monoallyl ether, and the like ([0127]).
Examples include a dipentaerythriyol hexaacrylate, a black pigment, a dispersant (Discole N-509), a solvent, an initiator and UV cured, thus the composition of the reference and its materials are capable of UV curing.
Therefore, the reference teaches the inclusion of compounds meeting the limitations of the instant UV curing agent and UV curable substance (instant claims 3, 4, 6). With respect to the instant claim 5, the composition comprises the additives as set forth by the instant claims and would be capable of being used as a black (patterning) resist.
The dispersant comprises comb polymers a polyoxyalkylene polyalkyleneamine or sorbitan ester can be used as another dispersing agent. Polyoxyalkylene polyalkylene polyamine (C2H4N) n- (PO) x- (EO) y-OH (wherein n, x and y each represents an integer of 1 or more, PO represents propylene oxide), EO means ethylene oxide), for example, Discole N-503, N-506, N-509, N-512, N-515, N-518, N-520 ([0110]), which comprises the polymer as set forth by the instant claim 1.
The material of the references would comprise the claimed components and meet the limitations of the instant claims 1 and 3-6.
Claim(s) 1 and 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oya (WO 2020/203080 and its US equivalent 2022/0018992 as a translation) in view of Oyanagi et al (2008/0098928).
Oya disclose a composition for a light shielding film or black matrix ([0003]; [0657]; instant claims 7 and 8), wherein the composition comprises a black colorant (preferably a nitride selected from Ti, V, Zr, Nb [0034]), a resin, inorganic particles, a polymerization initiator, a solvent, a dispersant ([0335]), a polymerizable compound (multi-functional acrylate [0507]), a UV curing agent ([0678]), and a polymer having a curable group ([0339]).
The reference teaches a polymer having a curable group ([0339]), a polymerizable compound such as a tri to hexa-function (meth)acrylate ([0505]-[0507]), a solvent, and an initiator which may be an oxime, acetophenone, acyl phosphine oxide, organic peroxide such as those suggested by the instant specification as the UV curable compound and curing agent ([0548]) as required by the instant claims 3-8. With respect to the instant claim 5, the composition comprises the additives as set forth by the instant claims and would be capable of being used as a black (patterning) resist.
While the reference teaches that known pigments dispersants may be employed, including those having polyoxyethylene-containing amines, the reference fails to specifically teach a dispersant as set forth by the instant claims.
Oyanagi et al disclose a pigment composition comprising a comb polymer pigment dispersant comprises a polyoxyalkylene polyamine, including those having a main chain polyalkyleneimine and oxyethylene and oxypropylene groups as instantly claimed.
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Given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Oya, choosing as the known pigment dispersant, that taught by Oyanagi et al to be known and suitable for use in black pigment compositions as the dispersant.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art of record fails to fairly teach or suggest to one of ordinary skill in the art to prepare a composition as claimed, wherein the dispersant has the structure as set forth by claim 2, formula (I).
The following is a statement of reasons for the indication of allowable subject matter: Claims 9-14 include the composition of claim 2, which is objected to. Therefore, the prior art of record fails to fairly teach or suggest to one of ordinary skill in the art to prepare a product as claimed, wherein the dispersant has the structure as set forth by claims 9-14, comprising formula (I).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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/AMANDA C. WALKE/ Primary Examiner, Art Unit 1722
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